Forestry Practice Guide 9

Forest Operations and Badger Setts Forestry Practice Guide 9

Forest Operations and Badger Setts

C ONTENTS Page

INTRODUCTION 1

BADGER SETTS & THE LAW 2

MANAGEMENT GUIDELINES 4

General 4

Locating and Recording Setts 4 Identifying Setts in Current Use by Badgers 6 Timing of Forest Operations 8 Protection Zones Around Setts 8

Thinning 9 Clear Felling 10 Ground Preparation and Tree Planting 10 Civil Engineering 11 Recreational Activities 12

A PPLYING FOR A LICENCE 14

Who Should Apply? 14 When to Apply for a Licence 15

F URTHER READING AND ADVICE 16

iii FOREST OPERATIONS AND BADGER SETTS

C ONTENTS (CONTD)

ACKNOWLEDGEMENTS 17

ANNEX A 18

PROTECTION OF BADGERS ACT 1992 18

List of Sections Which Create Offences & Exceptions 18

A NNEX B 21

LICENSING AUTHORITIES 21

1. Forestry Operations 21 2. Development & Other Activities 24

iv I NTRODUCTION

adgers are protected under the Protection of Badgers Act 1992. BIt is an offence to damage or obstruct a badger sett which shows signs of current use by badgers, or to disturb a badger within a sett.

Forest operations such as tree felling, timber extraction and mechanical cultivation are potential sources of damage or disturbance to badger setts. The Forestry Commission has consulted the Ministry of Agriculture, Fisheries and Food (MAFF), Scottish Office Agriculture and Fisheries Department (SOAFD), Welsh Office Agriculture Department (WOAD), Agricultural Development Advisory Service (ADAS), English Nature (EN), Scottish Natural Heritage (SNH) and the Countryside Council for Wales (CCW) in preparing this guide. It gives advice on:

· The law concerning forest operations and badger setts.

· Practices which will minimise damage and disturbance to badger setts from forestry.

· When and where to obtain further advice.

This guide concentrates upon safeguarding setts and badgers within setts. It is not intended to provide comprehensive advice on the wider aspects of managing forests for the benefit of badgers although it includes some measures which go beyond what is strictly necessary to avoid an offence under the 1992 Act, in order to minimise disturbance to badgers beyond the immediate vicinity of the sett.

Neil McReddie

1 FOREST OPERATIONS AND BADGER SETTS

B ADGER SETTS AND THE LAW

he Protection of Badgers Act 1992 consolidated earlier Tlegislation, namely the Badgers Act 1973, as amended, The Badgers Act 1991 and The Badgers (Further Protection) Act 1991. The 1992 Act created a number of offences. For example, except if permitted by or under the Act, it is an offence to wilfully kill, injure or take a badger; to interfere with a sett by damaging or obstructing it or by disturbing a badger when it is occupying a badger sett, with intent or recklessly. A sett is defined in the Act as any structure or place which displays signs indicating current use by a badger, and can be interpreted as including underground holes and other places of shelter occasionally used by badgers, such as sheds, concrete pipes or culverts etc.

There are also a number of statutory defences in the 1992 Act. For example, a defence to damaging a badger sett would be that the damage was the incidental result of a lawful operation and could not reasonably have been avoided. This is not an exhaustive list of the offences and exceptions in the 1992 Act. Annex A lists the relevant sections of the Act. For further detail readers should consult the Act itself. The Act also contains provisions to permit (by means of a licence) certain activities which would otherwise be prohibited under the Act.

The licensing authorities responsible for the issue of licences under the 1992 Act are the agricultural departments and the statutory nature conservation agencies (English Nature (EN), referred to as the Nature Conservancy Council for England in the Act, Scottish Natural Heritage (SNH) and the Countryside Council for Wales (CCW).

Licences for forestry operations are the responsibility of the agricultural departments, and advice and application forms may be obtained from the appropriate MAFF Regional Service Centre in England, the SOAFD in Scotland or WOAD in Wales. Contact names and addresses and telephone numbers are given in Annex B.

2 For some specific activities which may occur in woodland the licensing authorities are the nature conservation agencies (EN, SNH, CCW).

These activities are:

· ’development’ as defined under the Town and Country Planning Acts and subsequent Statutory Instruments and Orders of 1990 (England and Wales) and 1972 (Scotland) which would damage setts or disturb badgers in them; this includes construction of forest roads, erecting buildings, quarrying and some forms of use such as motor sports and paintball games;

· interfering with setts or disturbing badgers in setts for the purposes of killing foxes in order to protect released game or wildlife; (interfering with setts to kill foxes in order to protect livestock would require licensing by agricultural departments);

· interfering with setts or disturbance of badgers in setts for the purpose of protecting, or to enable archaeological investigation of, scheduled ancient monuments;

· interference for scientific, educational or conservation purposes;

· interference for the purpose of investigating whether an offence has been committed.

Contact names, addresses and telephone numbers for EN, SNH and CCW are given in Annex B.

The Protection of Badgers Act 1992 is new legislation and it will take some time before court cases establish legal precedents which will allow more precise interpretation of terms such as “disturbance” and “interference”. In the meantime, licensing authorities have to use their judgement on which activities require a licence and which do not. At the outset this can only be done on a case by case basis, but licensing authorities have said that they intend to adopt a common sense approach.

3 FOREST OPERATIONS AND BADGER SETTS

M ANAGEMENT GUIDELINES General ost forestry operations can be carried out without Minterference to badger setts, provided they are carefully planned and supervised. These guidelines are designed to minimise interference to badger setts during forestry operations and therefore reduce the number of occasions on which a licence will be needed. They summarise the procedures and practices which are likely to be judged as ‘reasonable’ precautions to avoid damage or disturbance in most circumstances. Licences will still be required however in cases where a forestry operation would be expected to interfere with a badger sett as defined in the Act despite the use of the guidelines; or where the guidelines cannot be adopted. Each application for a licence will be looked at on its merits and licences will not be issued “just in case” or as a form of insurance against subsequent interference.

Whenever there is any doubt about whether a licence is needed, advice should be sought from the appropriate licensing authority. (See APPLYING FOR A LICENCE, page 14). Locating and Recording Setts nformation on the location of badger setts should be gleaned from I all available sources including forest rangers, local badger groups and conservation organisations, landowners and gamekeepers. All setts should be recorded on maps at an appropriate scale (normally 1:10,000 or larger). In areas where deliberate illegal disturbance of badgers is a risk such maps may need to be kept confidential, but they should always be available to operational managers. Setts records should be included or referred to in forest conservation plans.

Badger populations fluctuate and individual animals move from sett to sett. Over a period of years new setts are created and others fall into disuse. Some setts are used only at specific seasons. When forest operations are planned therefore it is essential that a check should be made for the presence and extent of any badger setts in the area concerned, especially before cultivation, civil engineering or tree-felling operations. Badger setts within thicket and pole-stage stands of trees which have not yet been thinned can easily be overlooked.

4 Badgers are social animals living in groups of about five to twelve. Usually a group has more than one sett in its territory and setts vary in their status and level of use so that four main types of sett can be identified, although the distinctions between are not always clear. a. Main setts are the largest and most important; each group usually has only one main sett which is normally in continuous use and is the breeding sett. Characteristic features are:

· several holes (average over Britain is twelve but exceptionally it can be as few as one) with large spoil and bedding heaps at the entrance;

· signs of usage throughout the year;

· well worn paths to and from the sett and between entrances. b. Annexe setts are often found close to main setts, usually under 150 metres away, have several holes (average eight) and are connected to the main sett by well worn paths.They may not be in continuous use. c. Subsidiary setts are similar to annexe setts, but are usually smaller (average of four holes), do not have obvious connecting paths and are not permanently in use. They are at least 50 metres from the main sett. d. Outlying setts can be found well away from main setts and with no path to other setts. They are used sporadically by badgers but may be used by foxes or rabbits at other times. The average number of holes is two. blocked entrances

entrances

bedding material

0 5m

Plan of a badger sett. Main setts can become a complex labyrinth.

5 FOREST OPERATIONS AND BADGER SETTS Identifying Setts in Current Use by Badgers

a. The shape of the tunnel, not the entrance hole itself, is a rounded or flattened oval (broader than high) with diameter of at least 25 cm.

b. Badger footprints, clawmarks and soil smoothed by the passage of badgers may be present near the entrance.

Right hind foot c. Badger hairs may be found in or around the entrances or on (half natural size). other features nearby. Sticky tape placed across the top of an entrance can be used to collect hairs. Badger hairs are coarse and banded with black and grey or white.

d. Hay, bracken etc used as bedding will usually have been excavated from tunnels together with fresh soil and piled around entrances.

e. Distinct tracks leading to and from tunnel entrances of main, annex and some subsidiary setts.

f. Dung pits, latrines and scratching posts are often present close to the tunnels.

g. During cold weather warm moist air may be seen rising from occupied setts. However this can be due to occupation by foxes, so check for other signs. Cross section of a latrine pit. h. Observations of badgers emerging from setts.

Detection of badger use can be improved by means such as placing thin sticks or sticky tape across the entrances, or sprinkling sand or soil around them to show tracks. These may need to be left for several weeks in cold weather periods, subject to checking once or twice per week.

6 All setts are protected by law where they show signs of current use by a badger. Whilst ‘current use’ is subject to interpretation by the courts, the licensing authorities take the view that it includes recent or seasonal use and does not mean that badgers have to be present when the sett is inspected.

The nature of the precautions which will need to be taken to prevent damage to setts or disturbance to badgers within them will vary. Main setts will usually require the most sensitive treatment because of their continuous occupation and use for breeding.

It can be particularly hard to judge whether badgers are currently using a sett during winter, and in periods of cold wet weather in other seasons, when they are less active. Occupancy is more readily determined in summer. Advice may be obtained from local badger experts. It is a good idea for woodland managers to establish links with a local badger expert or badger group so that advice can be obtained rapidly if necessary.

Where doubt remains about whether individual holes or groups of holes are in current use by badgers, it is better to err on the safe side by approaching the relevant licensing authority and seeking advice, rather than to proceed with a potentially damaging forestry operation and risk creating an offence.

Neil McReddie

7 FOREST OPERATIONS AND BADGER SETTS Timing of Forest Operations adgers are particularly sensitive to disturbance during the Bbreeding season and disturbance may lead to cubs being deserted. Disturbance to badgers should be reduced by timing forest operations near setts to avoid the badgers’ breeding season wherever possible. The breeding season spans the months from December to June inclusive. It may not always be possible in forests where badgers are numerous to avoid all areas with breeding setts during this half of the year without serious difficulties for programmes of work. If so, other ways of reducing disturbance should be considered such as avoiding the most sensitive time (generally January and February), increasing the size of the protection zone around setts (see below) and avoiding the periods from dusk to dawn. Because of the sensitivity of breeding badgers, however, any tree-felling and mechanical operations adjacent to breeding setts between December and June are liable to cause disturbance and could require a licence. Seek advice from licensing authorities. It can be difficult to identify which setts are used for breeding. Again, seek advice and err on the side of caution. Protection Zones Around Setts s well as careful timing, the best protection from damage or Adisturbance will normally be to restrict or avoid forest operations close to badger setts. Tunnels vary in length; most are under 15 metres, but exceptionally they reach about 20 metres. Tunnels are often quite close to the surface (about 60 cm deep) and so heavy machinery or large falling trees could readily cause collapse. This suggests that a protection zone of a minimum of 20 metres is required around the sett entrances to protect them from damage from forestry operations such as timber harvesting or cultivation. Operations causing prolonged high levels of noise or vibration may sometimes need a larger protective zone.

Prior to any work commencing in the vicinity of a sett supervisors should draw the attention of the staff, contractors or others who will carry out the work to its presence. The sett should normally be marked with brightly coloured nylon rope or similar, so that the boundary of the marked area is at least 20 metres away from any entrance to the sett which is believed to be in current use. Where there are concerns that this form of marking may attract malicious attention to the sett, alternative marking arrangements may be made. Within this marked zone forest operations should either be avoided or carried out with a high degree of sensitivity as described below. Supervisors should check that markers remain in place for the duration of the operation and are removed when it is finished.

8 On suitably wind-firm sites thought should be given to avoiding clear- felling of the woodland, at least around main setts, by making the protection zone part of a larger indefinite retention, where this is compatible with good landscape design and other objectives. If this is not possible in the current rotation it can be planned from the start of the next rotation, so that clear felling of the area will not need to be repeated. Thinning here a sett exists within an area which is due for thinning, W normal silvicultural thinning can take place, but trees in the immediate vicinity of holes should not be felled where there is a risk of felled trees damaging or blocking the mouth of the hole. Any blockages which do occur should be removed immediately by safe means (see below). The retention of unthinned clumps of trees around setts should only be considered where they are not liable to act as a form of marker which may attract adverse attention to the sett.

Timber extraction tractors should not enter the protection zone and extraction routes (racks) should not normally be cut through it. Racks may sometimes be acceptable, eg to enable safe felling of other trees or to avoid advertising the sett’s presence, which an un-racked patch of trees might do. Nevertheless extraction tractors must not enter racks within the protection zone.

Trees should be felled away from any holes, main badger runs or obvious latrines. Timber awaiting uplift should also be left clear of these features.

Extraction of timber from within the protection zone should normally be either manual or by a hydraulic grab or crane or cable crane mounted on a tractor unit positioned outside the zone. Ground skidding with a winch rope may be used with great care and with small loads, where the tractor itself is kept outside the protection zone.

Where extraction is not possible without disturbance or damage, it may be necessary to leave timber unharvested on the site. If so it should be cross-cut and stacked to avoid hole entrances, main runs and latrines.

Any lop or top should be removed from around the sett, main runs and latrines immediately at time of cutting.

Containers of fuel, oil, chemicals or other potentially harmful materials must not be used or stored in the marked area around the sett, main runs or latrines. The only exceptions will be where conifer stumps must be treated at time of felling against attack by the fungus Heterobasidion annosum (Fomes).

9 FOREST OPERATIONS AND BADGER SETTS Clear Felling here a sett exists within an area which is to be clear felled, W similar precautions should be taken to those for thinning.

Unless the sett can be included within a larger area to be retained as old woodland (see page 9) it will generally be better to fell the trees within the protection zone because isolated clumps of trees retained around a sett are often at risk of blowing down subsequently and causing damage to the sett’s earthworks. They may also advertise the sett to those intending illegal disturbance to badgers. Felling should be done with care in order to avoid damage to the entrances or structure. Retention of high stumps in the marked area may help to protect against accidental damage by extraction and cultivation machinery tractors entering the protection zone. Stumps should be reduced in height in a subsequent operation if they are likely to advertise the location of the sett. Ground Preparation and Tree Planting o stump removal or mechanical piling or burning of lop and top N or other vegetation should take place within the protection zone around a sett. Where there is a need for fencing to protect the tree crop, then care must be taken not to obstruct badger movement to and from setts within the new planting area. Badger gates should be set into the fence line where main runs have been identified.

10 Use of cultivation and drainage machinery near any sett must be undertaken with caution. Drainage, ploughing or scarifying machinery should not come closer than 20 metres to any entrance to a sett. Care should be taken when aligning drains which are uphill of a sett so that water is not diverted into the sett and its immediate vicinity.

Within the uncultivated area around the sett, any tree planting should be carefully considered to reduce current and future disturbance. In some cases it may be appropriate to avoid planting or plant only a few widely spaced trees or shrubs which are more likely to be stable in future. The sett area could be designed to be part of an area intended for future long-term retention of conifer trees, or to become permanent broadleaved woodland, natural regeneration or open ground. Where the risk of making the sett more obvious and liable to illegal disturbance by this sort of management is considered unacceptable, careful tree planting at similar densities to the adjacent crop may be appropriate. Tree planting should be kept at least 3 metres away from holes, however. All tree planting should be carried out with hand tools, making as little impact as possible. Civil Engineering here construction of buildings and forest roads could cause W destruction damage or disturbance to setts, these activities are subject to licensing by EN, SNH or CCW as they are classed as ‘development’ (see page 3).

The 20 metre protection zone used for forest operations may normally be enough to avoid disturbance and damage but in some cases such as where pile-driving drilling or blasting which cause severe vibration are intended, a larger zone, of 100 metres radius may be needed, together with careful timing of operations. A larger clearance than 20 metres may also be needed if a new road will bring higher pressures of recreational usage. Advice should be sought from the licensing authority where there is any doubt.

Earthworks or machinery associated with road construction or maintenance should not encroach within 20 metres of any entrance to a sett. Exceptionally, where badgers have made setts in road embankments or cuttings, machinery may have to approach more closely and a licence is likely to be required.

11 FOREST OPERATIONS AND BADGER SETTS Recreational Activities isturbance to badgers in their setts can occur from a variety of D recreational uses of woodland, depending on their intensity, type and timing.

Badgers can readily adjust to habitual quiet passage by people during the day on foot, bicycle or horseback and can even become accustomed to gradually increasing levels of noise up to a point. However, suddenly introducing a new activity or level of use close to a sett could cause disturbance and constitute an offence. New facilities or uses of woodland should therefore be carefully planned to avoid the vicinity of setts, especially setts used for breeding, and to minimise disturbances in other ways such as careful timing and control of the amount and type of use.

Amongst the points to consider are:

· new trails, walks, cycle routes etc should be routed away from setts. No standard distance can be specified, it will depend on the nature and the period or season of use, but 100 metres may be reasonable in most situations.

· clearance should be greater where any activity takes place during the period from around dusk to dawn when badgers are active.

· dogs should be under close control in the vicinity of badger setts; dogs will often enter setts. Unless signs can be effectively used to prevent problems, paths near setts which are used by walkers with dogs may need to be diverted.

· noisy events and those involving large numbers of people such as orienteering should be zoned away from setts or timed to avoid the breeding season.

· badger viewing facilities may be constructed quite close to setts where carefully planned to avoid disturbance. For example they should normally include raised platforms in hides with control of visitors. An assessment should also be made of whether or not the risk of persecution is increased by viewing facilities acting to advertise the sett’s presence.

12 Recreational activities which are defined as development are subject to licensing from the Nature Conservation Agencies (EN, SNH, CCW) as described on page 3. Other recreational uses of land such as waymarked walks may be licensable if appropriate by the Agriculture Departments as “forestry operations”. The guidance above should minimise disturbance and the number of situations where a licence would be required. If in doubt advice should be sought from the appropriate department.

Neil McReddie

13 FOREST OPERATIONS AND BADGER SETTS

A PPLYING FOR A LICENCE

he advice in this guide is intended to reduce the chances of Tdamage or disturbance occurring in breach of the Protection of Badgers Act 1992, but there will still be situations where there is doubt over whether damage or disturbance would occur or where it is clear that damage or disturbance would be unavoidable if an operation were to proceed. In such cases the appropriate licensing authority must be consulted over the need to apply for a licence. Licensing authorities will advise on how to apply.

If granted, licenses may include requirements to prevent damage, such as measures to ensure that badgers are safely excluded from a sett before an operation goes ahead.

In the case of forest operations such as tree felling and planting, where large areas are affected annually, it has been agreed by the Agricultural departments that for those setts where a need for licences is anticipated, they may be applied for in respect of a series of similar operations within a forest area for a period up to one year, provided that the location of all known setts is recorded on maps of a suitable scale (1:10 000 or other to be agreed with the Licensing Authority).

One of the conditions of such multiple licences will be that any subsequent relevant information, eg the location of additional setts, will be sent to the Licensing Authority during the course of the licence. This is not intended to detract from the need to survey operational sites as far as possible before licences are applied for, as described on page 4. Who Should Apply? pplications for a licence to interfere with a badger sett can be Amade either by owners or occupiers of land or by others acting with their authority, for example woodland managers, contractors or timber merchants. Owners or occupiers, woodland managers and contractors or merchants might all be held liable in law for offences, depending upon the circumstances of individual cases. It is in the interests of all concerned that responsibilities to protect badger setts are discussed and clearly agreed when operations are planned, including responsibility for licence application if necessary.

14 When to Apply for a Licence

t is not possible to state all the circumstances where a licence I would be required. They will become clearer as the licensing authorities gain experience and legal precedents are established in court cases (see page 3).

IF IN DOUBT ALWAYS CONSULT THE APPROPRIATE LICENSING AUTHORITY.

You should definitely seek advice on licensing requirements if you intend:

· any mechanical cultivation or drainage within the 20 metre protection zone

· any timber extraction tractor movement within the 20 metre protection zone

· dragging heavy timber along the ground within the 20 m protection zone eg by skidder or cable crane winches or by horse

· any tree-felling within the 20 metre protection zone where damage or disturbance is expected and cannot be avoided, eg:

- between December and June at breeding setts - large trees likely to create a heavy impact or which cannot be felled away from sett entrances - windthrow clearance where control of felling direction is difficult

· construction of roads or buildings:

- any mechanical construction or maintenance of earthworks within the 20 metre zone - any machine movement within the 20 metre zone, other than on metalled or tarred roads - any drilling, pile-driving or blasting within 100 m of a sett - any other construction or maintenance operation which is likely to cause damage or obstruct a badger sett or disturb a badger within a sett.

15 FOREST OPERATIONS AND BADGER SETTS

F URTHER READING AND ADVICE

Detailed advice on badgers and the law and how to deal with badger problems in many situations can be found in:

‘Problems with Badgers?’ (3rd Edition) by Stephen Harris, Don Jefferies, Chris Cheeseman and Colin Booty published in March 1994 by the: RSPCA Wildlife Department, Causeway, Horsham, West Sussex RH12 1HG

The Mammal Society has published three booklets:

‘Surveying badgers’ ‘Badger persecution and the Law’ ‘Projects on Badgers’

Available from: Mammal Society Sales, School of Biology, University of Bristol, Woodland Road, Bristol BS8 1UG.

A general account of badger biology is:

‘The Natural History of Badgers’ by Ernest Neal, published in 1986 by Croom Helm.

Local Badger Groups may be able to give help with advice and undertake survey work to locate badger setts, paths and the home ranges of individual social groups. However as amateur groups they are not accountable in law for their advice, as a professional ecologist or biologist would be.

The National Federation of Badger Groups can direct enquiries to local groups. Contact: NFBG, FAO Mary Jarvis, Unit 15, Cloisters House, Cloisters Business Centre, 8 Battersea Park Road, London SW8 4BG. Telephone 0171 498 3220.

16 A CKNOWLEDGEMENTS

This Guide has developed from local guidelines drawn up for North-East Scotland by Tony Hinde of Forest Enterprise and Alan Leitch of Scottish Natural Heritage.

Valuable comments and contributions have been made by representatives of all the departments and agencies listed in the Introduction and also from a number of people in Forest Enterprise and the Forestry Authority spread throughout Britain.

Dr Stephen Harris of Bristol University and Colin Booty of RSPCA also made helpful suggestions.

The Guide has been edited by Gordon Patterson of the Forestry Authority’s Environment Branch.

The Forestry Commission is grateful for the financial help provided by Scottish Natural Heritage towards the publication of this guide.

17 FOREST OPERATIONS AND BADGER SETTS

A NNEX A

PROTECTION OF BADGERS ACT 1992 List of Sections Which Create Offences & Exceptions Please refer to the 1992 act itself for the full wording of these and other sections

O FFENCES

Section 1 1. (1) Wilfully killing, injuring or taking a badger or attempting to kill, injure or take a badger, except as permitted by or under the Act.

1. (3) Having possession or control of a dead badger or any part of or anything derived from a dead badger, except as permitted by or under the Act. Section 2 2. (1) Cruel ill treatment of a badger, use of badger tongs in the course of killing or taking or attempting to kill or take a badger, digging for a badger, use of any firearm to kill or take a badger other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy not less than 160 foot pounds and a bullet weighing not less than 38 grains. Section 3 3. Interference with a badger sett by doing any of the following things, intentionally or recklessly:

(a) damaging a badger sett or any part of it;

(b) destroying a badger sett;

(c) obstructing access to, or any entrance of, a badger sett;

(d) causing a dog to enter a badger sett; or

(e) disturbing a badger when it is occupying a badger sett.

18 Section 4 4. Sale, or possession or control of a live badger, except as permitted by or under the Act.

Section 5 5. Marking, or attaching a ring or tag to a badger, except if done under licence.

E XCEPTIONS

Section 6 6. Taking or attempting to take a disabled badger to tend it; killing or attempting to kill a badger which appears to be seriously injured or in such a condition that to kill it would be act of mercy; unavoidably killing or injuring a badger as an incidental result of a lawful action; doing anything authorised under the Animals (Scientific Procedures) Act 1986. Section 7 7. Killing or taking or attempting to kill or take a badger; injuring a badger in the course of taking it or attempting to kill or take it, where the action is necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property. The Act specifies circumstances in which this defence will not apply. Section 8 8. (1) Interfering with a badger sett if the action is necessary to prevent serious damage to land, crops, poultry or any other form of property. The Act specifies circumstances in which this defence will not apply.

8. (3) Interfering with a badger sett (except by destruction of a sett or entry of a dog) where this action was the incidental result of a lawful operation and could not reasonably have been avoided.

8. (4) Obstructing any entrance of a badger sett for the purpose of hunting foxes with hounds, in accordance with the provisions of the Act.

19 FOREST OPERATIONS AND BADGER SETTS

8. (7) Interfering with a sett (with the same exceptions as 8.(3), by hounds marking the sett. Section 9 9. Having possession or control of a live badger in the course of a business as a carrier or where the badger is disabled and this is necessary for the purpose of tending it.

Section 10 Where licences are issued for the purposes specified in section 10 by Agriculture Departments or the statutory nature conservation agencies.

20 A NNEX B

LICENSING AUTHORITIES 1. Forestry Operations In England MAFF Regional Service Centres Counties Covered

Northern RSC Cumbria Room 466 Lancashire Eden Bridge House Northumberland Lowther Street Tyne and Wear Carlisle CA3 8DX

Tel (01228) 23400

North East RSC Cleveland Room 59 Durham Government Buildings Humberside Crosby Road North Yorkshire Northallerton South Yorkshire DL6 1AD West Yorkshire

Tel (01609) 773751

North Mercia RSC Cheshire Room 62 Greater Manchester Berkeley Towers Merseyside Crewe Shropshire Cheshire Staffordshire CW2 6PT

Tel (01270) 69211

South Mercia RSC County of the West Midlands Room 102 Gloucestershire Government Buildings Hereford and Worcestershire Block C Warwickshire Whittington Road Worcester WR5 2LQ

Tel (01905) 763355

21 FOREST OPERATIONS AND BADGER SETTS

East Midlands RSC Derbyshire Statutory Section Leicestershire Block 7 Lincolnshire Chalfont Drive Northants Nottingham Nottinghamshire NG8 3SN

Tel (0115) 9291191

Anglia RSC Bedfordshire Room F16 Cambridgeshire Block B Essex Government Buildings Hertfordshire Brooklands Avenue Norfolk Cambridge Suffolk CB2 2DR

Tel (01223) 462727

South East RSC Berkshire Room 257/8 Bucks Block A Greater London Government Offices Hampshire Coley Park Isle of Wight Reading Kent RG1 6DT Oxfordshire Surrey Tel (01734) 581222 East Sussex/West Sussex

Wessex RSC Avon Room G03 Dorset Block III Somerset Government Buildings Wiltshire Burghill Road Westbury-on-Trym Bristol BS10 6NJ

Tel (0117) 959100

South West Cornwall TRURO Devon Pydar House Isles of Scilly Pydar Street Truro Cornwall TR1 2XD

Tel (01872) 73191

22 In Scotland

SOAFD Pentland House 47 Robb’s Loan Edinburgh EH14 1TW

Tel (0131) 556 8400 In Wales

WOAD Cathays Park Cardiff CF1 3NQ

Tel (01222) 825111

23 FOREST OPERATIONS AND BADGER SETTS 2. Development & Other Activities In England

English Nature (Nature Conservancy Council for England) Licensing Section Northminster House Peterborough PE1 1UA

Tel 01733 340345 In Scotland

Scottish Natural Heritage Research and Advisory Services Directorate 2/5 Anderson Place Edinburgh EH6 5NP

Tel 0131 554 9797 In Wales

Countryside Council for Wales Licensing Section Plas Penrhos Ffordd Penrhos Gwynedd LL57 2LL

Tel 01248 370444

24 Published by Forestry Practice Division on behalf of The Forestry Commission 231 Corstorphine Road, Edinburgh EH12 7AT

Photography: FOREST LIFE picture library 0131-334 0303

© Crown Copyright 1995 First published 1995

ISBN: 0-85538-331-3 ENV9/53-IH(ECD)- MP/10M-May 95 £1